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Scenario: Someone starts talking to you while they record you without you knowing it. You notice they're recording you and they tell you the video is going on Youtube. You tell them that this is only OK if they blur out your face. They agree to do so. Then they post the video without your face blurred. Q: Can I sue this person?

The video was taken as I was walking down a highstreet.

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  • Was the video taken in a public place, or somewhere where there's an expectation of privacy?
    – Rock Ape
    Mar 26 at 13:49
  • Were you recorded by a business or a person?
    – Studoku
    Mar 26 at 14:02
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    Your first step should be to consult YouTube's privacy guidelines
    – Rock Ape
    Mar 26 at 16:14
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Only if they posted audio

Recording law in England does not require consent for video or still photography in public places. Consent is required for audio recording if it is going to be distributed.

It appears you gave conditional consent - if your face was blurred. By it blurring your face they operated outside the consent given.

If you do sue, they can raise a public interest defense. Whether they would succeed depends on who you are (e.g. are you an MP?) and what you were doing (e.g. were you breaking the law?).

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    There are absolutely tonnes of reality tv shows in the UK which take both video and audio recordings and broadcast them - given the nature if some of these programs (eg bailiffs forcibly removing goods from irate debtors), getting a signed release would be basically impossible in most cases, so I dont think its as cut and dried as this answer suggests.
    – Moo
    Mar 26 at 21:44
  • @Moo expanded to address
    – Dale M
    Mar 26 at 23:48
  • Could you sue youtube under GDPR?
    – Dave
    Aug 24 at 9:01
  • @Dave no. No one can sue under GDPR - it doesn’t give individuals the right to sue. You could report it to the authorities. Why not ask a question about how that might go?
    – Dale M
    Aug 24 at 10:10

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